of Rules and Regulations for Facilitation of International Railway - - PowerPoint PPT Presentation

Regional Meeting on Harmonization

• f Rules and Regulations for

Facilitation of International Railway Transport

UNESCAP, Astana, 20-21 December 2017 Dr Erik Evtimov, Deputy Secretary General to the CIT

CIT Documentation and Procedures for International Railway Transport

 130 railway undertakings and maritime companies as full members  6 associated members  Association under Swiss law with legal personality

2

Objectives:

• 1. Implementation of the COTIF and European law that has an impact

upon transport law

• 2. Standardisation of the contractual relationship between carriers and

between carriers and their customers for passenger and freight traffic

• 3. Representation of its members’ interests with the authorities and other
• rganisations

New global market developments for the transport sector

➢ In 2016 the rate of growth in demand exceeded rate of growth

• f supply

➢ Current conditions are leading to a stronger pricing environment since 2010 ➢ Better capacity utilization of infrastructure is positive for rail freight delivery ➢ The global model split between the transport modes are as follows:

▪ Sea 94% ▪ Air 4% ▪ Rail 1%

➢ E-commerce will account for an increasing share of retail sales ➢ Clearly this is the “mega-trend” also for rail freight delivery

3

New developments of E-commerce in China

4

Global trade thanks to the e-commerce: Air versus Rail

5

China one belt one road project also supportive for rail freight

6

Challenges for the railways on the land bridge between Asia and Europe

Length of the Route: 10’214 km Transit countries: 4 (Kazakhstan, Russia Belarus and Poland) Custom zones: 3 (China, RBK, EU) Duration: 12 days (30 days faster than sea) Costs: 80% cheaper than by air 489 USD cheaper than by road Trade China-EU: ➢ China – 2nd trade partner for EU; ➢ EU – 1st trade partner for China; ➢ Volume: 1 bln USD/day (goods and services)

7

Legal and administrative hurdles for Asia – Europe rail freight:

8

SMGS/SMPS COTIF-CIM Eurasian Uniform Railway Law

EU legislation National legislation

CIM+CMR SMGS+CMR No membership CIM ONLY CIM+CMR+SMGS SMGS ONLY

Situation on 1 December 2017

CMR ONLY CIM-Application only on part of the railway infrastructure (specific lines)

* **

CIM applicability is suspended Note: No state where only CIM and SMGS together are applicable

Scope of application – map CIM/CMR/SMGS

Accession of China to the GLV- CIM/SMGS

China’s border points with Russian Federation, Kazakhstan, Mongolia are open for import and export traffic using CIM/SMGS Consignment Note from 1 May 2017

CIT Solutions: Common consignment note CIM/SMGS: a common project of the CIT and OSJD

11

Implements both contracts of carriage Recognised as a customs and bank document Does not undermine the CIM/SMGS liability conditions The “sum” of the CIM and SMGS consignment notes Based on:

• Article 6 § 8 CIM + Article 13 and Annex 6 SMGS
• Layout based on the United Nations Layout
• Key for trade documents

GLV-CIM/SMGS - Content

• A. General provisions
• B. Common Provisions for paper and electronic

consignment notes

• C. Paper consignment note
• D. Electronic consignment note
• E. Final provisions

Appendices 1 List of members applying the manual 2 Explanatory notes on the content of the CIM/SMGS consignment note 3 List of reconsignment points 4 List of the addresses of departments to which applications for authorisation are to be sent 5 Specimen of the CIM/SMGS consignment note 6 Packaging requirements 7 CIM/SMGS wagon/container list 8 CIM/SMGS formal report 9 List of addresses of the departments competent for the handling of claims

12

Electronic Consignment Note CIM/SMGS

Functional specifications: updated based on the revision

• f SMGS (1 January 2016)

Legal specifications: updated in 2016

Technical specifications: finalized on expert level October 2017 Coming into force: 1 of January 2019

13

Common CIM/SMGS consignment note: Practical Use

➢ for east west rail freight traffic ➢

• n the Eurasian land bridge

➢ 85% Container transportation ➢ 18% Single wagon load ➢ .30 Min pro Wagon ➢ further facilitations (wagon and container list, formal report and formal procedure, etc.) ➢ further legal harmonisation

14

General Terms and Conditions for EurAsia Rail Transport Contracts of the CIT (GTC EurAsia) ➢ Point 3 - of the UNECE Political Declaration ➢ Framework contract - for participating railways (on different corridors) ➢ Applicable law - mandatory provisions of the national law shall apply ➢ Precondition – opting-in through the participating railways (for example DB, PKP Cargo, BC, RZD and CCTT or GETO) ➢ Legal basis - international private law (IPR)

Solutions to increase railway competitiveness: GTC Eurasia as instrument on contractual level

15

Practical use of the CIM/SMGS Consignment note

MoU CIT and OSJD to promote CIM/SMGS Increased use CIM/SMGS in 2016:

• RZD by 41%
• UZ by 12%

Accession of China to the GLV-CIM/SMGS 1 May 2017 Central Asia: Accession Tajikistan, Turkmenistan Uzbekistan, Afghanistan

16

CIT GTC Rail-Sea traffic – a new CIT document

17

➢ Validity: introduced on 1 January 2015 (opting-in) ➢ Model of successive carriers: maritime carriers can appear as successive carriers within multimodal carriage ➢ Application of the CIM consignment note for multimodal carriage ➢ Structure:

• I. General conditions of carriage for

multimodal rail-sea traffic

• II. Appendix 1: CIM list of maritime and

inland waterway services III.Appendix 2: Provisions for carriage of dangerous goods Cooperation between various types of transport carriers is indispensable for common success

CIT Boilerplate contract for Rail-Sea traffic - a new CIT document

18

➢Validity: introduced on 1 July 2016 (opting-in) ➢ Model of successive carriers: maritime carriers can appear as successive carriers ➢ Structure:

• Objective of the contract
• Obligations
• Procedures related to carriage
• Compensation
• Applicable law, jurisdiction, other

general provisions Appendix 1: Description and planning Appendix 2: GTC Rail-Sea Traffic Appendix 3: Payment Appendix 4: Compensation

CIT/IRU Guideline comparing the legal regimes CMR - COTIF/CIM - SMGS

Content:

• An introduction
• A synthesis of the key principles
• A map with the scope of

application of all three Conventions

• A matrix in which the most

important topics are examined in detail

19

 Published in a brochure in 2017

20

Next steps in 2017 for Rail – Road traffic

➢ The Multimodality Committee mandated the GS CIT to develop a Checklist for road-rail combined traffic based on practical case examples from CIT and IRU members. ➢ Main components in the form of model clauses: a) Standard provisions for truck to rail transhipment operations b) Standard provisions for loading transport units onto a rolling road c) Standard clauses for road-rail network liability in the case of transhipment and loading operations. ➢ The provisions will be examined in depth by the CIT members and discussed with the IRU

Drafting a Checklist for road-rail combined traffic

Summary: point of success for the Asia – Europe rail freight

 Good Quality of infrastructure  Technical interoperability (vehicle authorisation and safety certification)  Level playing field with other transport modes  Competitive and transparent charges for use of infrastructure  Less administrative burdens: New regulatory requirements when customers benefit  Stable and fair legal framework

21

22

• Dr. Erik Evtimov

Deputy Secretary General to the CIT Phone: +41 79 746 58 44 E-mail : erik.evtimov@cit-rail.org www.cit-rail.org